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National Endowment for the Arts
Freedom of Information Act Guide
Plan for Improving Access to Programs for Persons with Limited English
Proficiency
Preserving America's varied, living cultural heritage is core to the
mission of the National Endowment for the Arts, and we strongly support
efforts to reach people from many different cultures and language backgrounds.
The Endowment believes that federal and federally funded programs must
reach populations with limited English proficiency in two ways. First,
they must provide appropriate services to the populations that they reach.
Second, they must reach out to underserved populations, including persons
with limited English proficiency.
The Endowment is committed to extending its own services and outreach
to LEP populations at the same time that it steps up its efforts to assist
grantees with LEP issues. The Endowment conducts relatively few programs
directly; by far the bulk of its efforts are devoted to federally assisted
programs. However, additional sensitivity to language issues would benefit
both the EndowmentÍs direct programs and its administration of federally
assisted programs.
The Endowment's strategy for improving language accessibility of both
its programs and the programs it funds is fourfold. First, we will adhere
to internal mechanisms for handling translation requests. Second, we will
encourage outreach to LEP populations in all our grant programs. Third,
we will enhance technical assistance for LEP applicants and improve LEP
application review. Finally, we will enhance technical assistance for
all grant recipients on LEP issues.
I. Procedures for handling translation requests
The Endowment has only rarely received any requests for written translation
of any of its publications. The Endowment has received no translation
requests since establishing its LEP plan in November 2000. However, as
the Endowment increases outreach programs to LEP populations, the agency
can anticipate such requests, and has established procedures in place
to accommodate them. Requests for written translation will be handled
by the relevant office: for example, the Communications Office would handle
a request for a publication. The Endowment has identified a centralized
staff contact, the Office of General Counsel, which will coordinate staff
training and the development of resources on language issues for grantees,
supervise the provision of technical assistance, and receive, evaluate,
monitor, and coordinate requests for written translation.
The Endowment receives phone calls from individuals with limited English
skills more frequently. The agency's standard practice is for a bilingual
staff member to handle these calls. To date, this practice appears to
work relatively well. The Endowment has established a database of staff
language skills in order to facilitate identification of potential interpreters.
In addition, the Office of General Counsel will serve as the staff contact
for handling requests for more formal interpretation.
A. Assessment of Translation Requests
The Endowment will assess translation requests for its publications
and services according to the four factors:
1. Number and proportion of eligible
LEP recipients
First, the Endowment will assess the language assistance needs of its
direct constituents. Our preliminary assessment, based on experience,
is that the Endowment has a very small direct LEP constituency. We will
continue to refine this assessment; we project that our LEP constituency
may well grow as our services improve.
a. Organizations
The vast majority of the Endowment's applicants and grantees are organizations,
such as arts organizations, community organizations, school districts,
universities, and state and local arts agencies. While many of these organizations
are culturally specific, virtually all have English-speaking staff and
very few would be described as limited English proficiency. At present,
the Endowment's only known non-English-speaking constituent bloc is Spanish-speaking
grantees, primarily in Puerto Rico. As with other culturally specific
organizations, virtually all of these Puerto Rican organizations have
English-speaking staff. The agency has developed mechanisms for working
with Spanish-speaking applicants and grantees, including the use of bilingual
staff and panelists.
One category that presents a unique situation is the Arts Indemnity
Program, which indemnifies U.S. museums borrowing items from abroad. On
occasion, the Endowment receives requests for translation on behalf of
the international lenders. The Endowment has worked with grantees, the
State Department, and occasionally private translators, for limited translation
of regulations and key program documents. However, these translation services
are unrelated to the Title VI needs of U.S.-based LEP individuals or organizations.
b. Individuals
The Endowment does not, at present, award grants to individuals except
in three narrow categories: Literature fellowships (including translation
fellowships) and two honorific awards, National Heritage Fellows and American
Jazz Masters.
Jazz Masters have not historically included any LEP individuals. Each
year, several Heritage Fellows might be characterized as LEP, typically
Spanish-speaking, but frequently including speakers of other European
languages, Asian languages, and Native American languages. They are assisted
by bilingual staff or interpreters; there has not been any significant
difficulty.
Literature fellowship applications are accepted from writers who write
in languages other than English. We require that at least half of the
manuscript be translated into English. The process mirrors, to the extent
possible, the process for applications in English. Three bilingual readers
read each manuscript. If one of them recommends the manuscript, it goes
to three other bilingual readers; the manuscript (along with the six written
critiques) is then discussed at the panel meeting by the panelists, who
make a recommendation for rejection or acceptance. If possible, the readers
are a mix of individuals serving on the year's panel, or individuals who
have served recently and have an idea about the competitiveness of the
process.
Applicants for Literature fellowships for translation are by definition
bilingual. However, the Endowment's experience in administration of this
ongoing program may preview some of the challenges in providing broader
Endowment services to LEP populations. For example, in a recent round
of poetry applications, the Endowment received approximately 43 applications
in 27 languages, which required us to find expert literary translators
in languages such as Javanese, Bengali, and Sumerian.
The Endowment also receives inquiries from individual members of the
public, by telephone, by e-mail, and in writing. These requests, to date,
have been almost exclusively in English. Offices that receive occasional
inquiries in other languages have established mechanisms to manage them.
The Grants Office, in particular, occasionally receives telephone inquiries
in Spanish, typically from grantee staff members. They are handled by
a bilingual staff member.
2. Frequency of contact
Applicants are typically limited to one application per year. While many
applicants repeat from year to year, on balance, any applicant's contacts
with the agency are quite infrequent. Any contact with any LEP individual
is extremely rare.
3. Nature and importance of the benefit/service/program
Access to Endowment programs, while important, does not typically present
life or death issues. Nevertheless, an organization's access to Endowment
funding may have implications for its access to other funding sources. Accordingly,
the Endowment's general inclination will be to translate "vital" documents
at least in part. A document will be considered vital if it conveys or collects
information that is essential for accessing the Endowment's services. Vital
documents will be translated when a significant number or percentage of
the population eligible to be served, or likely to be directly affected
by the program, needs services or information in a language other than English
to communicate effectively. For longer documents, translation of vital information
contained within the document will suffice and the documents need not be
translated in their entirety. It seems likely that the only Endowment documents
that might be considered "vital" enough to be translated in part are the
guidelines. (A few forms, such as cash requests and some reporting forms,
might also be determined to be vital.) At present, guidelines are available
only in English. Many years ago, guidelines were also translated into Spanish.
This was discontinued due to lack of demand. There have been no subsequent
requests for translation of the guidelines. The Endowment will apply the
other three factors to determine what portion, if any, of the guidelines
or other forms should be translated, and into which language. For example,
we may determine that only the actual application forms and instructions,
and not the detailed guidelines on the application review process, are "vital."
As it develops a plan for potential translation of guidelines, the Endowment
will look both at requests for translation and at the nature of the grant
programs. For example, the Endowment would likely focus initial translation
efforts on guidelines for programs that are more likely to reach LEP populations,
such as the Challenge America small grants program. All other documents
will likely be determined to be non-vital. Non-vital documents need not
be translated. However, the Endowment will look to the nature of the specific
document in making the determination on translation. For example, publications
specifically designed for outreach might be appropriate for translation
even if not "vital."
4. Resources available
For a discretionary grantmaking agency such as the Endowment, language
accessibility can involve three layers: translation of guidelines, translation
of applications, and translation of the panel process. When multiple languages
are involved, the complications are exponential. If translation requests
increase, we will need to address serious issues of resource allocation.
The Endowment's budget is extremely tight Æ$115 million in FY 2002, with
40% of program funds block-granted and tight caps on administrative budgets.
The Endowment has substantial experience with translation issues. The
EndowmentÍs Canada-Mexico-US fellowship program, which involved producing
trilingual guidelines (French, English, and Spanish), processing applications
in all three languages, and conducting a trilingual panel, posed enormous
logistical challenges. Similarly, administration of the EndowmentÍs ongoing
program of literature translation fellowships and translation of Arts
Indemnity Program materials is both costly and time-consuming. We do not
underestimate the potential burdens on our small agency, including both
cost and administration. Some portion of our administrative budget will
need to be allocated to translation and interpretation.
B. Mechanisms for Translation
Once the need for translation has been determined, we will assess what
technique is appropriate: written, oral, or use of bilingual staff.
1. Written Translation
The Endowment has established mechanisms for translations of guidelines
and other Endowment documents. We have in the past published guidelines
in multiple languages, and in one program, conducted a trilingual panel.
We also retain translators in an array of languages for literature translation
fellowships. We will both look to these experiences and contract with
translators on the GSA schedule as needed.
2. Oral Translation services
We also have established a mechanism to contract for oral translations,
such as a telephone language interpretation service, when bilingual staff
are unavailable.
3. Volunteer Translation Assistance
We are continuing to investigate mechanisms for the Endowment to work
with other agencies, arts service organizations, LEP-serving organizations,
and grantees to enhance the Endowment's capacity for translation and interpretation
and to develop technical assistance materials. The Endowment's Arts Indemnity
Program, which has worked with grantees, the State Department, and occasionally
private translators on translation issues, presents a successful model
of these translation partnerships.
4. Language Skills Database
We have established a database of Endowment employees who are fluent
in languages other than English. This mirrors and institutionalizes the
current informal practice of using employees fluent in other language
as interpreters.
In addition, our panel bank system includes information on the panelists'
language skills, which is used to ensure that panels include panelists
with the necessary language skills to evaluate applications and support
materials in languages other than English.
II. Encourage Outreach to LEP Populations
Federally funded programs must make their day-to-day programs accessible
to LEP populations. At the same time, they also need to increase outreach
to all underserved populations, including persons with limited English
proficiency. The Endowment will continue to give high priority to these
outreach activities, by encouraging grantee outreach programs, by funding
programs in other languages, and by funding programs that increase access
by non-English speakers to art or increase access of the general population
to the art of other cultures.
The Endowment will also ensure that its leadership initiatives and outreach
programs are extended Æ and targeted, where appropriate -- to populations
with limited English proficiency, and will ensure that all grant programs
encourage such outreach.
Finally, the Endowment has revised key guidance documents to encourage
and emphasize LEP services. The guidelines have been reworked to add four
specific references to LEP services:
- The review criteria include an impact assessment, which includes LEP
populations.
- The Access category specifically references projects reaching people
whose access to the arts is limited by language.
- Translation services are listed as an example of a permissible cost
in sample budgets.
- The nondiscrimination assurances specifically reference LEP in the
description of Title VI coverage, with a named contact for further information.
The Grant Terms and Conditions, which govern all grants and cooperative
agreements, have been similarly revised to specifically reference LEP
in the description of Title VI and to identify a staff contact.
III. Improve LEP Application Review and Enhance Technical Assistance
for LEP Applicants
A. Improve LEP Application Review
Under the Endowment's authorizing legislation, application review panels
are required to be culturally diverse. Most panels include at least one
Hispanic or Latino panelist and many include at least one Asian American
or Pacific Islander. Our panel bank reflects other languages that a panelist
speaks. A recent panel bank system upgrade provided the capacity to search
the panel bank by language, which will facilitate both general panel diversity
and the specific need for bilingual panelists.
At present, if portions of an application or support materials are in
a language other than English, our practice is to have at least one bilingual
panelist who serves as the lead reader on that application and assists
other panelists in evaluating it. As an alternative (for example, when
a language is relatively rare), an application could be sent to a bilingual
reader. In the case of applications for translation grants in literature,
a second reader evaluates the translation. This model could be extended,
as appropriate, to applications in other programs.
We do not anticipate having resources available to translate applicant
support materials into English. Staff will continue to be vigilant to
make sure that LEP applicants are not disadvantaged.
B. Enhance Technical Assistance for LEP Applicants
We will establish a mechanism to provide technical assistance in other
languages to the same (limited) degree that we provide it in English,
and to publicize this assistance. The Endowment's budget hasn't allowed
grant workshops for general technical assistance in some time, but if
we are ever again able to offer such workshops, we will investigate the
possibility of interpretation.
At present, most technical assistance is informal oral assistance, by
telephone, at the pre-application phase. This could be provided to LEP
applicants through the use of bilingual staff or contract interpreters.
A second key form of technical assistance is the provision of summaries
of panel comments, on request, to rejected applicants. Typically this
feedback is provided orally; on rare occasions it is followed up with
a written summary. The Endowment will investigate the possibility of providing
such feedback in other languages, on reasonable request, to LEP applicants.
IV. Provide LEP Technical Assistance For Grant Recipients
The Endowment's primary technical assistance efforts will be focused
on helping recipients find creative ways to increase language accessibility
without jeopardizing their programs. The http://www.lep.gov website is
a key resource for both applicants and grantees. The Endowment's guidelines
and its grant terms and conditions expressly refer applicants and grantees
to this website.
We anticipate that our grantees may experience difficulties with resource
allocation. Both the organizations and the grants involved are quite small:
in FY 2001, 54% of grantees had total organizational budgets under $500,000,
and 87% of the Endowment's grants were under $50,000; 15% were under $10,000.
Technical assistance will need to be tailored not only by size, nature,
and location of organization, but also by the field. Some arts disciplines,
like theater and literature, are quite language-dependent. Except when
a program is specifically designed to be multilingual, these programs
probably have minimal accessibility. Other arts disciplines, such as visual
arts, dance, and music, transcend language and are likely extremely accessible.
Yet other disciplines have long experience with translation issues: for
example, traditional opera has developed surtitling, larger museums often
have exhibit labels and tours in multiple languages, and media addresses
language issues through subtitling and dubbing. The Endowment will focus
on identifying "best practices" for different types of organizations.
Like translation requests, technical assistance will be handled by the
relevant office: the Dance staff, for example, would handle a request
from a dance organization. The Endowment's Office of General Counsel will
serve as the identified centralized staff contact, will coordinate staff
training and the development of resources on language issues for grantees,
and will supervise the provision of technical assistance.
The Endowment will also investigate further education of grantees on
language inclusiveness. For example, because arts education projects may
implicate particular concerns, we could distribute Department of Education
materials on bilingual education or produce materials specifically addressing
bilingual arts education issues. Finally, we could develop materials specifically
targeted to enhance language inclusiveness, including a description of
language issues in the civil rights portion of our website.
Complaints of language discrimination will be handled by the Office
of Civil Rights. Language discrimination complaints will be handled on
a case by case basis, by fact-intensive inquiry into the actual effects
of the recipientÍs actions and inactions on persons with limited English
proficiency. Balancing the factors in the policy statement -- the number
or proportion of people with limited English skills served, the frequency
of their contact with the program, the importance and nature of the program,
and the resources available -- the EndowmentÍs grantees are typically
in a very different situation than public education or health care. In
most instances, Endowment granteesÍ Title VI obligations will be satisfied
by making available oral assistance or commissioning translations under
appropriate circumstances.
January 2003
National Endowment for the Arts
webmgr@arts.endow.gov
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